General conditions of sale
1. Applicability
Unless otherwise agreed in writing with the buyer, sales by GROUPE GODET are governed solely by these general terms and conditions. Unless they have been expressly accepted by GROUPE GODET in writing, all or part of the buyers' general terms and conditions of purchase are therefore not applicable to sales concluded by GROUPE GODET.
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2. Orders
GROUP GODET is only bound by an order after express acceptance thereof, which may take the form of the return of the signed offer, an acknowledgement of receipt, the direct establishment of the invoice or any other appropriate means. Any modification requested by the buyer is only accepted after written confirmation from GROUPE GODET.
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3. Cancellation of order
The order expresses the Customer's consent irrevocably; it cannot therefore cancel it, unless with the prior written agreement of GROUPE GODET. In the event, of which it remains the sole judge, where GROUPE GODET accepts a request to cancel an order, GROUPE GODET is entitled to compensation for cancellation of the order and the deposits already paid will not be refunded.
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4. Prices
Prices are net, excluding taxes, ex-works. All costs of packaging, handling, transport, unloading, insurance are invoiced in addition.
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5. Price revision clause
Prices are given subject to possible modifications and in particular, in the case of imported equipment, as a result of variations in the exchange rate, customs duties, taxes, etc. Invoices are established in accordance with the rate in force at the time of delivery. Consequently, the buyer benefits from any reduction and bears any increase in the rate that has occurred since the registration of his order. Changes to the price indicated on the order are automatic.
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6. Delivery
The goods are always delivered ex-works and travel at the recipient's expense, risk and peril, even for free or cash on delivery. GROUPE GODET declines all responsibility for any delays, damage or shortages that may be noted on arrival. The recipient must accurately identify the goods upon arrival and, in the event of damage or shortage, send a complaint by extrajudicial act or registered letter to the carrier, even when the supplies are shipped free of charge and within three days. Delivery times are given for information purposes only and without any commitment. No delay may give rise to any claim for damages against GROUPE GODET. The term "delivery" always applies to the date of availability in the factories, or possibly the shipping date, if the order to ship is given. In the event that the buyer does not take delivery within eight days of the notice (by letter, invoice, etc.) informing him that the equipment ordered is at his disposal, GROUPE GODET reserves the right to dispose of the equipment and to postpone to a later date the execution of the order left pending by the customer without prejudice to the consequences of changes occurring in the meantime to the quota. Under no circumstances may such a request be taken into account when the goods have been shipped in any way whatsoever. Any claim, whatever it may be, must be made within eight days of receipt of the goods. No supply may be returned or exchanged without our prior written agreement; receipt of the returned goods cannot be considered as reflecting this agreement.
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7. Invoicing - Payment
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7.1. Invoicing
The prices invoiced are automatically increased by the VAT in force.
VAT exemption can only be obtained upon prior provision of:
- proof of exemption for goods intended for export
- or communication of the tax identification number of the purchaser or its tax representative for intra-community trade.
7.2 Payment Terms
Payments must be made to our head office in cash net - without discount - by any means accepted by GROUPE GODET.
7.3. Late or non-payment
In the event of late payment, GROUPE GODET may suspend all current orders, without prejudice to any other course of action and in particular, the application to the purchaser of late payment interest calculated, or at the rate applied by the European Central Bank for its refinancing operations increased by 10 percentage points without any prior formal notice being necessary in accordance with the law, or three times the legal interest rate. The applicable late payment penalties are those shown on the invoice, i.e. 10.75% per year, as well as a flat rate of €40 per invoice for recovery costs. These penalties are payable without any reminder. They automatically accrue from the day following the payment date shown on the invoice or, failing that, the 31st day following the date of receipt of the goods. In the event of non-payment, and 48 hours after a formal notice has remained unsuccessful, the sale may be automatically terminated. GROUPE GODET may request in summary proceedings the return of the products without prejudice to any damages. Any delay or failure to pay on the due date will result in forfeiture of the term of all future due dates and will make them immediately payable automatically.
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8. Warranty
We undertake to deliver goods that comply with our technical specifications.
Our warranty takes effect from the delivery date and is subject to full payment of the product. It involves the free replacement of any mechanical parts found to be defective after examination in our factories and provided that the equipment has been used normally, in compliance with the rules of the art and in accordance with the instructions for use. For the warranty period, refer to the warranty clause of the commercial offer. The warranty is exclusively limited to the replacement of the goods recognized as defective by our services. The transport costs are the responsibility of the customer. Under no circumstances can GROUPE GODET be held responsible for bodily injury, material or immaterial damage of any nature whatsoever which could be the direct or indirect consequence of poor adaptation of the product or its defective use. We do not accept any return of goods without our prior agreement. Unauthorized returns cannot in any way delay the payment of our invoices on the agreed due date. All disputes must be brought before the Commercial Court of our head office. Our company cannot under any circumstances be required to bear any costs other than those charged to it by this warranty clause. In particular, it is not responsible for costs incurred by the buyer or a third party due to the immobilization of equipment during or as a result of work under the warranty. Under no circumstances does the warranty extend to indirect damage.
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The warranty does not apply to:
- equipment sold second-hand,
- items that, due to the nature of their materials or function, are subject to wear,
- in the event of deterioration or accidents resulting from:
. installation or use that does not comply with the rules of the art, and/or the technical specifications indicated in the order
. failure to comply with the installation, use and maintenance instructions,
. faults in monitoring, storage or maintenance,
. modification or intervention by the customer or a third party on the product with non-original parts and/or consumables.
It does not apply in the event of non-payment by the customer, and the customer cannot use this to suspend or defer payments.
The repair, modification or replacement of parts during the warranty period cannot have the effect of extending the warranty period of the equipment.
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9. Retention of title clause
GROUPE GODET reserves ownership of the goods delivered by it until full payment of the price in principal and interest where applicable, which alone transfers ownership. The simple delivery of commercial paper or other securities creating an obligation to pay does not constitute payment. The buyer has custody and responsibility for the equipment upon delivery and must therefore insure it against theft, loss and damage and, in the event of partial or total destruction, repair or replace it. In the event of seizure by third parties or in the event of bankruptcy, the buyer is required to notify the seller without delay so that the latter can exercise its right to claim. In the event of non-payment of a single installment, the return of the goods delivered may be claimed by GROUPE GODET by any means, including by registered letter with acknowledgement of receipt.
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10. Force majeure:
Fortuitous events or force majeure or arising from non-limiting cyclical events such as earthquakes, cyclones, popular movements, wars, strikes, epidemics, interruptions, disruptions to transport, shortages of raw materials or energy, accidents, lockouts give GROUPE GODET the right to delay delivery and to cancel all or part of the order without the customer being able to claim any compensation or refuse partial execution when it is offered to them.
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11. Jurisdiction clause
In the event of a dispute, French law alone shall apply. If it is not possible to reach an agreement, any dispute relating to the interpretation, execution or performance of the contract entered into shall be under the exclusive jurisdiction of the Court within the jurisdiction of the head office of GROUPE GODET, even in the event of a warranty claim or multiple defendants.
